Karnataka High Court
State By Rural Police vs Sri.Chandan on 31 October, 2025
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CRL.A No. 1798 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1798 OF 2019 (A)
BETWEEN:
STATE BY RURAL POLICE,
CHIKKAMAGALURU,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BENGALURU-560001.
...APPELLANT
(BY SRI RANGASWAMY R, HCGP)
AND:
SRI.CHANDAN,
S/O. BASAVEGOWDA,
AGED ABOUT 28 YEARS,
R/AT NARAGANAHALLI VILLAGE,
HIREKOLALE POST,
CHIKKAMGALURU TALUK-577101.
...RESPONDENT
THIS CRL.A IS FILED U/S.378(1) AND (3) CR.P.C BY THE
Digitally signed by
LAKSHMINARAYAN N SPP FOR THE STATE PRAYING THAT THIS HONBLE COURT MAY
Location: HIGH
COURT OF BE PLEASED TO a) GRANT LEAVE TO APPEAL AGAINST THE
KARNATAKA
JUDGMENT AND ORDER OF ACQUITTAL DATED 06.04.2019
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT CHIKKAMAGALURU IN CRL.A.NO.130/2017 FOR THE
OFFENCE P/U/S 417 OF IPC. b) SET ASIDE THE JUDGMENT
AND ORDER OF ACQUITTAL DATED 06.04.2019 PASSED BY
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
CHIKKAMAGALURU IN CRL.A.NO.130/2017 FOR THE OFFENCE
P/U/S 417 OF IPC. c) CONFIRM THE JUDGMENT AND ORDER OF
CONVICTION DATED 19.07.2017 PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C.,
CHIKKAMAGALURU IN C.C.NO.01/2014 FOR THE OFFENCE
P/U/S 417 OF IPC. d) CONVICT AND SENTENCE THE
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CRL.A No. 1798 of 2019
HC-KAR
RESPONDENT - ACCUSED FOR THE OFFENCE P/U/S 417 OF
IPC, IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
Heard on admission.
The appellant/State has preferred this appeal against
the judgment of acquittal passed by the II Addl. District
and Session Judge, Chikkamagaluru in Criminal Appeal
No.130/2017 dated 06.04.2019.
2. For the sake of convenience, the parties herein
are referred to as per their status before the trial Court.
3. The brief facts leading to this appeal are that
the Circle Inspector of Police, Chikkamagaluru have
submitted the charge- sheet against the accused for the
offence of Section 417 and 506 IPC. It is alleged by the
prosecution that there was a love affair between the
complainant and accused, he took the complainant to the
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house situated in the land, which was taken by the father
of the complainant on lease near Ukkunda village and had
sexual intercourse with the complainant and by saying that
he is going to marry her. Subsequently, the accused took
the complainant to his house situated at Naraganahalli
village and there also the accused had sexual intercourse
with the complainant and by believing the words of the
accused, the complainant had consented for sexual
intercourse. Further the complainant became pregnant and
accused gave the tablets for abortion and subsequently
there was a panchayath. That in the panchayath the
accused agreed to marry the complainant and they have
submitted the application before the Sub-Registrar,
Chikkamagaluru. Further, the accused refused to marry
the complainant. When the complainant requested the
accused to marry her, the accused gave threat to her life.
Accordingly, the accused has committed the alleged
commission of offences.
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4. The case was registered against the accused
and summons were issued to him, in response to
summons the accused appeared and was enlarged on bail.
The trial Court has framed the charges for the alleged
commission of offences, same were read over and
explained to the accused. Having understood the same,
accused has pleaded not guilty and claimed to be tried.
5. To prove the case of prosecution, in all, 15
witnesses were examined as PWs1 to 15 and 29
documents were marked as Exhibits P1 to P29. On closure
of prosecution side evidence, statements of the accused
under Section 313 of Code of Criminal Procedure were
recorded. The accused has totally denied all evidence of
prosecution witness. However, he has not chosen to lead
any defence evidence on his behalf.
6. Having heard, the arguments on both sides, the
trial Court has acquitted the accused for the offence under
Section 506 IPC and convicted the accused for the offence
under Section 417 IPC. Being aggrieved by this order
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passed by the trial Court, the accused/appellant has
preferred the appeal before the II Addl. District and
Sessions Judge, Chikkamagaluru, the appeal came to be
allowed and the accused was acquitted for the offence
under Section 417 of IPC. Being aggrieved by this acquittal
judgment passed by the Appellate Court the State has
preferred this appeal.
7. I have examined the materials placed before
this Court. The trial Court has observed that the facts and
circumstances of the case on hand disclose that there is
consensual sex and certainly it was not a misconception of
facts.
8. The Appellate Court has relied on the decision
of this Court in the case of D.S.Karthik Vs.State by
R.T.Nagar Police Station reported in (2017) 2 KCCR
1047. Further the decision of the Hon'ble Apex Court in
the case of Uday Vs. State of Karnataka reported in
AIR 2003 SC 1639 and in the case of Zindar Ali Sheikh
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Vs. State of West Bengal and another reported in
(2009) 3 SCC 761 has held that the consensual sex
between the accused and the complainant will not
constitute an offence of Section 417 of IPC.
9. On close perusal of testimony of PW1, it is clear
that along with accused the victim willingly participated in
the sexual intercourse on several times over a period of 3
years. I do not find any error/illegality in the impugned
judgment of acquittal passed by the Appellate Court.
Hence, I proceed to pass the following:
ORDER
Appeal is dismissed as devoid of merits.
Sd/-
(G BASAVARAJA)
JUDGE
KBM
